One complication: A possible “birther” controversy. But unlike the fictional delusions about Barack Obama’s mythical Kenyan birth, the Cruz case is based on fact.

And it will be decided, as the self-described constitutional conservative would like, by the original intent of the drafters of the Constitution.

Cruz was born in Canada to a mother who is an American citizen. His father is not a citizen by birth, but immigrated to the United States. from Cuba. On Monday evening, Cruz spoke to Fox News host Sean Hannity, who posed circulating question to Cruz.

Cruz confirmed he is a U.S. citizen by birth, but didn’t let slip any indication on whether he is interested in being a possible Republican contender in 2016.

“I’ve gotta tell you, we’re in the midst of battle every day with folks coming after our liberties, so my focus in 100 percent on the U.S. Senate and standing up and defending our liberty,” he said.

Hannity commented that Democrats might make a “birther” issue out of Cruz’s unique citizenship. Many Republicans (most notably, businessman Donald Trump) repeatedly questioned President Barack Obama’s citizenship, whose farther was from Kenya, throughout his candidacy.

Cruz received a roaring approval following his keynote speech at last weekend’s Conservative Political Action Conference, sending a message to conservatives to stick to their beliefs and protect the Constitution.

The U.S. Supreme Court could end up deciding whether the Constitution requires a president to be born on American soil or simply be an American by birth. Two modern-day Republican presidential candidates were not born in a U.S. state: 2008 nominee John McCain was born in the Panama Canal Zone, then a U.S. territory, and 1968 contender George Romney was born in Mexico to American parents living in a Mormon colony south of the U.S. border.

Most constitutional scholars say there is little doubt that Cruz would qualify for the presidency.